If you are a landlord looking to regain possession of your property in England, issuing a Section 21 notice is a common and effective way to do so A Section 21 notice, also known as a no-fault eviction notice, allows you to evict your tenant without providing a reason However, the process of issuing a Section 21 notice can be complicated and must be done correctly to ensure it is valid In this article, we will provide you with a step-by-step guide on how to issue a Section 21 notice.
What is a Section 21 Notice?
A Section 21 notice is a legal document served by a landlord to a tenant to terminate an assured shorthold tenancy agreement This notice can only be given to tenants under an assured shorthold tenancy, and it must give the tenant at least two months’ notice to vacate the property It is important to note that you cannot serve a Section 21 notice if the tenant is still within the fixed term of the tenancy agreement.
Step 1: Check Your Tenancy Agreement
Before issuing a Section 21 notice, you should check your tenancy agreement to ensure that it is valid and up to date Make sure that the tenancy agreement is an assured shorthold tenancy agreement and that all the necessary information, such as the date the tenancy started, the names of the tenants, and the address of the property, is accurate.
Step 2: Provide the Correct Notice Period
When issuing a Section 21 notice, you must give your tenant a notice period of at least two months This notice period must be set out clearly in the notice and must end on the last day of the tenancy period For example, if the rent is due on the 1st of every month, the notice period must end on the last day of the month.
Step 3: Use the Correct Form
To issue a Section 21 notice, you must use the correct form prescribed by the government The form you need to use will depend on when the tenancy started:
– For tenancies that started on or after October 2015, you will need to use Form 6A.
– For tenancies that started before October 2015, you can use Form 6A or another form, as long as it contains the required information.
Make sure to fill out the form accurately and provide all the necessary information, such as the address of the property, the names of the tenants, and the date the notice is served.
Step 4: Serve the Notice Correctly
Once you have completed the Section 21 notice form, you must serve it to your tenant correctly how do i issue a section 21 notice. You can serve the notice by hand, post, or email, depending on what is specified in the tenancy agreement If you are serving the notice by hand, make sure to get a witness to sign and date a copy of the notice.
Step 5: Keep Proof of Service
After serving the Section 21 notice to your tenant, it is important to keep proof of service This can include a signed and dated copy of the notice, a certificate of posting if the notice was sent by post, or a delivery receipt if the notice was sent by email Keeping proof of service is essential in case the tenant disputes receiving the notice.
Step 6: Consider the Tenants’ Deposit
If you have taken a deposit from your tenant, you must also comply with the deposit protection rules when issuing a Section 21 notice You must have protected the deposit in a government-approved scheme and provided the tenant with the prescribed information within 30 days of receiving the deposit Failure to comply with these rules could invalidate the Section 21 notice.
In conclusion, issuing a Section 21 notice is a legal process that must be done correctly to ensure it is valid By following the steps outlined in this article, you can confidently issue a Section 21 notice and regain possession of your property Remember to always seek legal advice if you are unsure about any aspect of issuing a Section 21 notice.